Reports of Civil And Criminal Cases Decided By ..., volume 13; volume 95
Reports of Civil And Criminal Cases Decided By ..., volume 13; volume 95
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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Ross. any one of either of those classes can inherit from him, certainly a reputed brother of a bastard by the same father can neither inherit from or transmit an inherit- ance to him. The lower court does not, however, seem to have wholly ignored such construction of that section, but basert its judgment, as therein stated, upon supposed apph- cation to cases like this of section 9 as follows : " If an intant dies without issue, having title to real estate devised by gift, devise or descent, f...rom one of his parents, the whole shall descend to that parent, and his or her kin- dred as hereinbefore directed, if there be any ; and if none, then in like manner to the other parent, or his or her kindred," etc. But that section was adopted in reference to the com- mon law rule of descents and distribution. Consequently, tlie word ''parent" as therein used must be understood a legal j^arent, as the word ''infant" was intended to apply alone to a person born in lawt\d wedlock. For m contemplation of the common law bastards, being ntfldtjs Jlf/'i^ have n(» parent, and are incapable of inheriting or tninsmittiiig an inlieritance to any peison except to their immediate issue.
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